Rosedale Rental, Inc. v. Fransen

DUFRESNE, Judge.

A lessor, Rosedale Rentals, Inc., plaintiff-appellant, brings this appeal from a judgment awarding it $25,968.14 in accrued rent for the mezzanine floor of a shopping center store occupied between July 2,1976, and January 15, 1979, by lessees, Gary Amacker and Barstools Unlimited, Inc., defendants-appellees.

The basic issue here is whether a written lease between the parties was reconducted where the lessor sought and obtained a judgment terminating the lease and ordering eviction of the lessee, but then failed to enforce the judgment, and permitted the lessee to remain on the…